Henriques v. Bank of Cottonwood

The plaintiff had judgment in an action brought to recover the possession of twenty-six head of cattle. From this judgment the defendant appeals.

As stated in respondent’s brief: “The only point involved in this appeal is whether a mortgagee in a chattel mortgage may take up cattle not prescribed or embraced in the chattel mortgage and belonging to a third party, and then recover for the expenses of taking up and caring for such cattle, when the third party notifies the mortgagee of his own ownership and makes oral demand for the same.”

It appears from the record that the appellant, as the…